Loading...
Roaring Springs East Expansion Water Main Easement No. 2 ESMT-2022-0155 (2022-033771) ADA COUNTY RECORDER Phil McGrane 2022-033771 BOISE IDAHO Pgs=6 CHE FOWLER 04/06/2022 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0155 Roaring Springs East Expanision Water Main Easement No.2 WATER MAIN EASEMENT THIS Easement Agreement,made this 5th day of_Apri1,2022�between BOWDEN PROPERTIES,INC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee") WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS,the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee,it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement,Mich would interfere with the use of said easement,for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-, way and easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BOWDEN PROPERTIES, INC an Idaho limited liability company �� M By: PATRICK MORANDI, Member and Manager STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on 3 41 /Z Dzt by Patrick Morandi on behalf of Bowden Properties, Inc. in the following representative capacity: Member and Manager 6� A �J/• _ ►OTARY PUBLIC Notary Sipature STATE� SMy cowSN EXPIRES 0&31/2M My Commission Expires: a J-11,h.r. Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-5-2022 Attest by Chris Johnson,City Clerk 4-5-2022 STATE OF IDAHO, ) : ss. County of Ada } This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 Item#10. l ■■ Quad rant Consulting, Inc. DESCRIPTION WATER LINE EASEMENT FOR BOWDEN PROPERTIES LLC EASEMENT NO. 2 EXHIBIT"A" The following describes a 20.00 foot wide waterline easement lying within a portion of Lots 12 through 15, Block 1, Plat of Interstate Center a Subdivision, Book 74, Pages 7656-7357,Ada County Record's and also lying within a portion of the Southeast Quarter (SE1/4) of Section 13,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho being more particularly described as follows_ Commencing at the southeast corner of said Section 13;Thence,along the south boundary line of said SE1/4,as shown in said Interstate Center Subdivision, North 89'46'23"West,412.04 feet;Thence, North 01'02'27" East, 45.00 feet to the southeast corner of said Lot 15 and to the northerly right of way of West Overland Rd.; Thence, along the south boundary line of said Lot 15, North 89'46'23" West, 133.20 feet to the POINT OF BEGINNING; Thence,continuing along said south boundary line and said northerly right of way, North 89°46'23" West,20.00 feet; Thence,departing said south boundary line and said right of way, North 00°47'09" East,224.40 feet; Thence, North 45000'00" East,56.23 feet; Thence, North 00'01'09"West, 182.32 feet; Thence,North 89°59'07" East,27.14 feet; Thence,South 00°00'53" East, 20.00 feet; Thence,South 89°59'07" West,7.14 feet; Thence,South 00°01'09" East, 170.60 feet; Thence,South 45`00'00"West,56.40 feet; Thence,South 00*47'09"West,216.07 feet to the POINT OF BEGINNING, containing 0.216 acres or 9,403 square feet more or less. E , a 13 4 1, BOWDEN PROPERTIES LLC,EASEMENT NO. 2 9 OF 1QP� Page 145 - .-, Item#10. 1 s 0 0 0 N� QUO O O O N LL _y� OQ �z. a cn 3 v o b v o 0 � Q N O N i Title: Date: 02-14-2022 Scale: 1 inch= 60 feet File: WATERLINE EASEMENT NO.2.des Tract 1: 0.216 Acres: 9403 Sq Feet:Closure=sl5.2409w 0.01 Feet: Precision=1/70694: Perimeter=980 Feet 001=n89.4623w 20.00 005=n89.5907e 27.14 009=s45.0000w 56.40 002�n00.4709e 224.40 006—s00.0053e 20.00 010=s00.4709w 216.07 003=n45.0000e 56.23 007=s89.5907w 7.14 Page 146 004=n00.0109w 182.32 008=s00.0119e 170.60 BOWDEN PROPERTIES LLC, f WATER LINE EASEMENT Item#10. EASEMENT NO. 2 PORTION OF LOTS 12, 13. 14 AND 15, BLOCK 1 INTERSTATE CENTER SUBDIVISION, LYING WITHIN A PORTION OF THE SE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2022 EXHIBIT "B" LEGEND_ - Boundary Line 11 Section Line I � \ / BLOCK j ------- Easement No. 2 1 Found Brass Cap \ I 0 Calculated Point I POB Point of Beginning N89.59'07'E 20.00 \\ i 27.34 i , \ sss-5s'a7'w NOO-M'09"W I 7.14 I 182.32� SOO.01'09'E �170.60 GRAPHIC SCALE N45.00'00'E I 0 150' 300' S. BLACK MARLIN ROAD ® TT (3RD AMENDMENT �C s45'OO'0D'wj ( !N FEET ) I TO BE VACATED) I L I I 56. 0 I ® -�jT�- -- -� 1" = 150' C I , I W i" ® i3 f I CD P3 +T N89'4V23"W 133.20 N89.46'23'W 13 18 WEST OVER ND ROAD 20.00 N89 4623'W 412.04 N89'46'23'W 261&9V TO THE SOUTH No1ro2'2'7'E 24 19 1/4 COR. SEC. 13 4,5'00 BASIS OF BEARINGS p 0' Ld 1 4 OF wX Quadrant Consulting, Inc 104 9W Ow*d Road '342-OW PME ( 342-Dons FAX Page 147 one s+��p-stereo-�aiwrnw�aw�m�xr